Notwithstanding any other provisions contained within this article, a franchised cable
operator shall not be held in violation, integral or material breach, default, or
noncompliance of this article or (where applicable) a franchise, franchise resolution,
or franchise agreement, nor suffer any enforcement of penalty relating thereto (including
where applicable, termination, cancellation, or revocation of a franchise and/or license),
where such violation, breach, default or noncompliance occurred as a result of and/or
was caused by an event such as, but not limited to, an earthquake, flood, tidal wave,
hurricane, or similar act of nature, or other event that is reasonably beyond a franchised
cable operator's ability to anticipate and control. Force majeure also covers riots
and wars, as well as work delays caused by waiting for utility providers to service
or monitor their own utility poles on which a franchised cable operator's cable and/or
equipment is attached.
(b)
Notwithstanding subsection (a) of this section, and even in the case of a force majeur
situation, a customer may be entitled to a refund or credit if the customer sustains
a cable service outage for a period of time that is in excess of that which is permitted
under this article.
(Ord. No. 97-023, § 1, 4-22-97)
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